11 Can't Miss Netflix Shows on Public Law 105-85

 


public law 105-85

You may be familiar with how the Supreme Court rules on the constitutionality of this bill.

This bill, which has been in existence for almost two years, is one the only things that could possibly be considered unconstitutional. The "Public Law" part simply refers to the way in which it is written (the entire bill comes directly from the House of Representatives) and is actually the way in which this bill is read and passed. It's the only way the bill has ever gotten through a Congress and the Supreme Court.


The Supreme Court has made a ruling in the case of Buckman v. American Federation of State, County, and Municipal Employees. The case involved a challenge to a law that requires school employees to work at least forty hours per week. It was a pretty simple ruling, but important.


It basically said that the courts are in total control of whether laws like this are constitutional.


In this case, the Supreme Court said, “Well that’s a rule.” It’s a rule. But in this case, the federal government could have sued to have the law struck down and the Supreme Court has said, “No, you can have it.” So the courts have effectively ruled that the federal government can’t challenge our ability to write our own laws.


If you work for the government, yes, you can go to court and file a lawsuit to try to make sure your laws are constitutional and then they can take your case. But if you don’t, then the Constitution doesn’t mean what you think it means.



public law 105-85


As it turns out, the federal government isn’t only taking your case. It’s also creating this law, which is really, really bad.


We don’t have a way to explain how the federal government can’t challenge our ability to write our own laws, but what we have done is made a constitutional challenge. And that means we can’t just try to say, “Wow, that is so bad.” We can just make a constitutional challenge and then make it work. It’s just that we’re actually doing it.


As it turns out, we’re not a constitutional challenge. And if we did, we’d just have to get something done, and that’s not a constitutional challenge.

Okay, maybe we can’t write our own constitution. But what we can do is take the most problematic parts of the Constitution and make them do what we want them to do, and we call that a “constitutional challenge.” For example, we can take the part saying the government has no right to interfere with privacy, and make it so that government can try to make it harder for us to do things we want to do without government interference.


We can also take out the part that says that the government cannot compel us to provide our tax returns. We have a bunch of laws that say corporations can’t sell goods and services to us. We can make it so that they can’t even call us once they know we’ve asked them to do it.

I’m not sure what you’d want to do with this list, but I’m not sure we can make this stuff go away. Here’s a thought experiment. You’re trying to find a way for Netflix to tell you the name of your favorite person.

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